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Lodders Solicitors
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Local Government
Alastair Frew
Partner
Lodders Solicitors
Contributions by Lodders Solicitors Experts
12
A client is buying an industrial unit which is unheated. The building was entirely re-roofed in 2016, but no building regulations consent was obtained by the seller. Given the lack of heating in the building, would the work require consent under the building regulations?
Q&As
Planning
A council has served a notice under section 167 of the Highways Act 1980 on a landowner due to the owner's retaining wall to not being safe. The notice has now expired. As the retaining wall is old and made from bricks, does the council need to ensure the wall is safe to obviate the danger, or does it need to consider the material used for visual amenity purposes?
Q&As
Local Government
A person intends to buy a property subject to a tree preservation order (TPO) relating to two beech trees. Those trees are not evident at the property and the seller has not removed them. Can a successor in title be prosecuted for breach of the TPO simply for the fact the trees have been removed without permission by a predecessor in title?
Q&As
Planning
Are there any powers which a local council can rely on to access private land in order to carry out maintenance on council controlled lighting units? What can the council do if there are obstructions (eg overgrown trees) on the private land preventing access to the lighting units?
Q&As
Local Government
Are there any rights of way for pedestrians around/alongside security barriers, ie does sufficient space have to be provided for a safe crossing away from barriers?
Q&As
Planning
Can a highway authority compel a railway company to undertake repairs to a railway bridge when the lack of repair to the bridge renders road use unsafe and necessitates a road closure?
Q&As
Local Government
Can a local authority serve a notice under section 149 of the Highways Act 1980, addressed to persons unknown, on a transit van which has been left on a highway?
Q&As
Local Government
Can a local highway authority manage parking and traffic (ie paint yellow lines and enforce parking restrictions) on a non-publicly maintainable highway?
Q&As
Local Government
For the purposes of section 149 of the Highways Act 1980, what constitutes ‘dangerous’?
Q&As
Property
If an unadopted highway has fallen into disrepair, what rights are open to an individual whose right to pass and repass over that highway has been restricted by the state of disrepair?
Q&As
Planning
Is there a legal duty on a highways authority to consult with the public on proposed highway works eg resurfacing a public highway?
Q&As
Local Government
Who is responsible for repairing and maintaining a railway bridge which is in private ownership but over which a public highway is located? If a notice was served under section 56 of the Highways Act 1980, would the onus be on the highways authority to prove that it is the owner’s responsibility to maintain the bridge?
Q&As
Local Government
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